Strengthening Processes Relating to Determining
Eligibility for Access to Classified National Security
Information
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to assist in determining
eligibility for access to classified national security
information, while taking appropriate account of title
III of Public Law 108-458, it is hereby ordered as
follows:
Section 1. Policy. To the extent consistent with
safeguarding the security of the United States and
protecting classified national security information
from unauthorized disclosure, agency functions relating
to determining eligibility for access to classified
national security information shall be appropriately
uniform, centralized, efficient, effective, timely, and
reciprocal.
Sec. 2. Functions of the Office of Management and
Budget. The Director of the Office of Management and
Budget (Director):
(a) may, to ensure the effective implementation of
the policy set forth in section 1 of this order,
assign, in whole or in part, to the head of any agency
(solely or jointly) any process relating to
determinations of eligibility for access to classified
national security information, with the agency's
exercise of such assigned process to be subject to the
Director's supervision and to such terms and conditions
(including approval by the Office of Management and
Budget) as the Director determines appropriate;
(b) shall carry out any process that the Director
does not assign to another agency (or agencies) under
subsection (a);
(c) may, after consultation with the Secretary of
State, Secretary of Defense, the Attorney General, the
Secretary of Energy, the Secretary of Homeland
Security, the Director of National Intelligence (DNI),
and the Director of the Office of Personnel Management,
issue guidelines and instructions to the heads of
agencies to ensure appropriate uniformity,
centralization, efficiency, effectiveness, and
timeliness in processes relating to determinations by
agencies of eligibility for access to classified
national security information;
(d) may, with regard to determining eligibility for
access to Sensitive Compartmented Information (SCI) and
``special access programs pertaining to intelligence
activities; including special activities, but not
including military operational, strategic, and tactical
programs'' (Intelligence SAPs) under section 4.3(a) of
Executive Order 12958 of April 17, 1995, as amended,
issue guidelines and instructions with the concurrence
of the DNI to the heads of agencies to ensure
appropriate uniformity, centralization, efficiency,
effectiveness, and timeliness in making such
determinations relating to those programs;
(e) may, with regard to determining eligibility for
access to special access programs (SAP) as defined in
Executive Order 12958 other than Intelligence SAPs,
issue guidelines and instructions with the concurrence
of the agency head with responsibility for the SAP to
ensure appropriate uniformity, centralization,
efficiency, effectiveness, and timeliness in making
such determinations relating to those programs;
(f) may report periodically to the President on
implementation by agencies of the policy set forth in
section 1; and
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(g) shall submit reports to the Congress relating
to the subject matter of this order to the extent
required by law.
Sec. 3. Functions of the Heads of Agencies. (a) Heads
of agencies shall:
(i) carry out any process assigned to the agency
head by the Director under subsection 2(a) of this
order, and shall assist the Director in carrying out
any process under subsection 2(b);
(ii) implement guidelines and instructions issued
by the Director under subsections 2(c), 2(d), and 2(e)
of this order;
(iii) to the extent permitted by law, make
available to the Director such information as the
Director may request to implement this order;
(iv) ensure that all actions taken under this order
take appropriate account of the counterintelligence
interests of the United States; and
(v) ensure that all actions taken under this order
are consistent with the DNI's responsibility to protect
intelligence sources and methods.
(b) The Director and other heads of agencies shall
ensure that all actions taken under this order are
consistent with the President's constitutional
authority to (i) conduct the foreign affairs of the
United States, (ii) withhold information the disclosure
of which could impair the foreign relations, the
national security, the deliberative processes of the
Executive, or the performance of the Executive's
constitutional duties, (iii) recommend for
congressional consideration such measures as the
President may judge necessary or expedient, and (iv)
supervise the unitary executive branch.
Sec. 4. Definitions. As used in this order:
(a) the term ``agencies'' means: (i) any
``executive department'' as defined in section 101 of
title 5, United States Code, as well as the Department
of Homeland Security; (ii) any ``military department''
as defined in section 102 of title 5, United States
Code; (iii) any ``government corporation'' as defined
in section 103 of title 5, United States Code; and (iv)
any ``independent establishment'' as defined in section
104 of title 5, United States Code, but excluding the
Government Accountability Office and including the
United States Postal Service and the Postal Rate
Commission.
(b) the term ``classified national security
information'' means information that is classified
pursuant to Executive Order 12958;
(c) the term ``counterintelligence'' has the
meaning specified for that term in section 3 of the
National Security Act of 1947 (50 U.S.C. 401a); and
(d) the term ``process'' means: (i) oversight of
determinations of eligibility for access to classified
national security information, including for SCI and
SAPs made by any agency, as well as the acquisition of
information through investigation or other means upon
which such determinations are made; (ii) developing and
implementing uniform and consistent policies and
procedures to ensure the effective, efficient, and
timely completion of access eligibility determinations,
to include for SAPs; (iii) designating an authorized
agency for making access eligibility determinations and
an authorized agency for collecting information through
investigation upon which such determinations are made;
(iv) ensuring reciprocal recognition of determinations
of eligibility for access to classified information
among the agencies of the United States Government,
including resolution of disputes involving the
reciprocity of security clearances and access to SCI
and SAPs; (v) ensuring the availability of resources to
achieve clearance and investigative program goals
regarding the making of access determinations as well
as the collection of information through investigation
and other means upon which such determinations are
made; and (vi) developing tools and techniques for
enhancing the making of access eligibility
determinations as well as the collection of information
through investigation and other means upon which such
determinations are made.
Sec. 5. General Provisions. (a) Nothing in this order
shall be construed to supersede, impede, or otherwise
affect:
(1)
Executive Order 10865 of February 20, 1960, as amended;
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(2)
Executive Order 12333 of December 4, 1981, as amended;
(3)
Executive Order 12958, as amended;
(4)
Executive Order 12968 of August 2, 1995;
(5)
Executive Order 12829 of January 6, 1993, as amended;
(6)
subsections 102A(i) and (j) of the National Security Act of 1947 (50
U.S.C. 403-1(i) and (j)); and
(7)
sections 141 through 146 of the Atomic Energy Act of 1954 (42 U.S.C. 2161
through 2166).
(b) Executive Order 12171 of November 19, 1979, as
amended, is further amended by inserting after section
after 1-215 the following new section: ``1-216. The
Center for Federal Investigative Services, Office of
Personnel Management.''
(c) Nothing in this order shall be construed to
impair or otherwise affect any authority of the
Director, including with respect to budget,
legislative, or administrative proposals. The Director
may use any authority of the Office of Management and
Budget in carrying out this order.
(d) Existing delegations of authority to any agency
relating to granting access to classified information
and conducting investigations shall remain in effect,
subject to the authority of the Office of Management
and Budget under section 2 of this order to revise or
revoke such delegation.
(e) This order is intended solely to improve the
internal management of the executive branch and is not
intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in
equity by a party against the United States, its
departments, agencies, entities, officers, employees,
or agents, or any other person.
Sec. 6. Submission of Report and Expiration of Order.
(a) The Director shall submit a report to the
President, on or before April 1, 2006, on the
implementation of this order and the policy set forth
in section 1 of this order.
(b) Unless extended by the President, this order
shall expire on July 1, 2006.
(Presidential Sig.)B
THE WHITE HOUSE,
June 27, 2005.